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Questions
Q:
Which of the following is a difference between indictments and information statements?
A) Indictments are issued before a trial, while an information statement is issued after a trial.
B) Indictments are issued by a grand jury, while an information statement is issued by a magistrate.
C) Information statements are issued to dismiss a case before it goes to trial, while an indictment is issued to bring a case to trial.
D) Information statements are issued without determining guilt, while an indictment is issued where guilt is evident.
Q:
________ is defined as the substantial likelihood that a person either committed or is about to commit a crime.
A) Preponderance of the evidence
B) Reasonable doubt
C) Probable cause
D) Reasonable suspicion
Q:
A(n) ________ is a document for a person's detainment that is based on a showing of probable cause that the person committed a crime.
A) arrest warrant
B) possessory warrant
C) no-knock warrant
D) execution warrant
Q:
Explain the role of penal codes and regulatory statutes in criminal law.
Q:
________ crimes require that the perpetrator intended to achieve a specific result from his illegal act.
Q:
In legal terminology, evil intent is also known as ________.
Q:
Under the amended Uniform Probate Code, if the decedent dies intestate, and if there are descendants from a prior marriage or relationship, the surviving spouse receives what?A) $25,000 and 2/3 of the remaining intestate estateB) $200,000 and 1/3 of the remaining intestate estateC) $50,000 and 1/2 of the remaining intestate estateD) $100,000 and 1/2 of the remaining intestate estate
Q:
If the price of oil goes up by 50 % and the quantity demanded goes down by 25%, the absolute value of the price elasticity of demand isA) 0.25. B) 0.50. C) 0.75. D) 1.00.
Q:
The two elements that are required to be found guilty of an intent crime are ________ and ________.
Q:
In a criminal case, the government is represented by the ________.
Q:
In a civil lawsuit, liability has to be proven beyond a reasonable doubt.
Q:
In a criminal lawsuit, guilt has to be proven beyond a reasonable doubt.
Q:
Monetary damages and equitable remedies are provided in a civil lawsuit.
Q:
Which of the following is a gift of an object to a devisee?A) A general deviseB) A specific deviseC) A testamentary allocationD) An administrative devise
Q:
Exclusive rights of ownership that allow the use, transfer, and exchange of property are calledA) common property rights. B) nonexclusive property rights.C) private property rights. D) public property rights.
Q:
In a criminal lawsuit, the government is represented by a lawyer called the defense attorney.
Q:
If the accused cannot afford a private defense lawyer, the government will provide one free of charge.
Q:
A crime is the violation of a statute for which the government imposes a punishment.
Q:
A person charged with a crime in the United States is presumed guilty until proven innocent.
Q:
When is a criminal said to be judgment proof?
A) when the criminal has not been read his Fifth Amendment rights prior to his arrest
B) when the criminal does not have the money to pay a civil judgment
C) when the criminal is found to be unfit to go to prison
D) when the criminal has been deemed to be insane
Q:
Under the Uniform Probate Code, the personal representative must inform the heirs and devisees of his or her appointment and provide other selected information within how many days of the appointment?A) 10 daysB) 20 daysC) 30 daysD) 60 days
Q:
Health care costs have been rising due toA) an aging population. B) new technologies.C) third-party financing. D) All of the above are correct.
Q:
________ crimes require that the perpetrator either knew or should have known that his or her actions would lead to harmful results.
A) Nonintent
B) Specific intent
C) General intent
D) Explicit intent
Q:
Which two elements are required to find a defendant guilty of an intent-based crime?
A) a victim and criminal intent
B) a motive and criminal intent
C) a criminal act and criminal intent
D) a criminal act and proof of gain
Q:
Tim Talon engaged in reckless driving and killed a pedestrian. His defense is that he was driving under the influence of alcohol and lost control of his automobile. How would a court classify Tim Talon's intent?
A) general intent crime
B) criminal intent crime
C) specific intent crime
D) nonintent crime
Q:
A person who jaywalks commits a ________.
A) misdemeanor
B) felony
C) violation
D) tort
Q:
A(n) ________ is a less serious crime, is not inherently evil but nevertheless prohibited by society, and is punishable by fines or imprisonment for one year or less.
A) misdemeanor
B) indictable offence
C) felony
D) violation
Q:
The more bowed the Lorenz curve, theA) richer the society.B) more unequal the distribution of money income.C) poorer the society.D) more equal the distribution of income.
Q:
________ are the most serious crimes, including crimes that are mala in se.
A) Felonies
B) Infractions
C) Misdemeanors
D) Summary offenses
Q:
In reference to the probate process, which of the following statements is correct?A) The personal representative of the deceased can file a petition with the appropriate probate court requesting that an existing will be probated.B) The Uniform Probate Code varies from state to state.C) The Uniform Probate Code is applied to all wills found to be valid, and to wills found to be invalid in probate court.D) The Uniform Probate Code is applied to all wills found to be valid, but not to wills found to be invalid in probate court.
Q:
In the United States, what recourse does an accused person have if he cannot afford a private defense attorney?
A) He will have to spend his time in jail until he can collect enough money to afford one.
B) A public defender will be appointed to the accused by the government for a nominal fee.
C) He will have to defend himself when the trial starts.
D) The government will provide an attorney for the accused free of charge.
Q:
Who is the plaintiff in a criminal lawsuit?
A) the government
B) the respondent
C) a private party
D) the victim
Q:
________ include environmental laws, securities laws, and antitrust laws that provide for criminal violations and penalties.
A) Constitutions
B) Regulatory statutes
C) Resolutions
D) Charters
Q:
A collection of criminal statutes is referred to as a ________.
A) bill
B) constitution
C) penal code
D) charter
Q:
Casual sales and transactions are not covered under the strict liability doctrine.
Q:
In 2005, which union organization was formed out of the AFL -CIO membership?A) National Brotherhood of Teamsters B) Service Employees International UnionC) American Federation of Workers D) Change to Win
Q:
Under the Uniform Probate Code, the term "personal representative" refers to which of the following?A) An executor, but not an administratorB) An administrator, but not an executorC) Neither an executor nor an administratorD) Either an executor or an administrator
Q:
A seller of a defective product cannot be held strictly liable if it can be proved that he or she took all possible care in the preparation and sale of the product.
Q:
A defendant who has not been negligent but who is made to pay a strict liability judgment can bring a separate action against the negligent party in the chain of distribution to recover its losses.
Q:
The doctrine of strict liability holds the manufacturers of a defective product solely liable for injuries caused by that product.
Q:
Under the doctrine of strict liability, bystanders who are injured by a defective product are entitled to the same protection as the product's consumers.
Q:
Strict liability applies to services but not products.
Q:
We would expect unions to have a more difficult time negotiating higher wages for their members whenA) labor represents a small portion of total costs.B) the product produced makes up a small portion of familiesʹ budgets. C) the product produced has several close substitutes.D) there are not good substitutes for labor in the production process.
Q:
In reference to estates, which of the following statements is correct?A) An estate comes into existence at the death of an individual.B) If the deceased person had a valid will at the time of death, he or she is said to have died intestate.C) The heir receiving the largest portion of the estate is typically appointed the executor.D) Claims may be made for up to seven years against an estate.
Q:
Betty buys a lawnmower, manufactured by FlatPlanes, Inc., from Harvey's department store. A defect in the design of the blades causes the lawnmower to kick back on operation, injuring Betty. Which of the following remedial actions is Betty entitled to?
A) Betty can sue Harvey's department store for negligence.
B) Betty can sue either Harvey's department store or FlatPlanes, Inc. for strict liability.
C) Betty can only sue FlatPlanes, Inc. for strict liability as they manufactured the defective lawnmower.
D) Betty can only sue Harvey's department store for strict liability as they sold her the defective lawnmower.
Q:
According to the doctrine of strict liability, which of the following parties is strictly liable for injuries caused by a defective product?
A) only the manufacturers of the products
B) only the parties directly involved in the sale of the product to the customer
C) all parties providing services related to the product
D) all parties in the chain of distribution
Q:
The ________ refers to all manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction.
A) demand chain
B) chain of command
C) chain of distribution
D) value chain
Q:
Bertha, a surgeon, performed a kidney transplant on one of her patients. The surgery was not successful and the patient did not survive. Which of the following statements is true in this case?
A) Bertha cannot be held strictly liable as she was providing a service.
B) Bertha can be held strictly liable for the death of her patient.
C) Bertha and the medical staff assisting the surgery are strictly liable for the death.
D) The donor of the kidney can be held strictly liable for the death of the patient.
Q:
Martin wins a car in a lottery. As he already owns a car, he decides to sell the new one to his friend Ted. While driving the car, Ted gets into a head-on collision with another car. Due to a defect in the vehicle's Supplemental Restraint System (SRS), the airbag does not deploy and Ted is seriously injured. Which of the following statements is true of this situation?
A) Martin can be held strictly liable because he sold the car to Ted.
B) The car manufacturer cannot be held strictly liable as Ted had not bought the car from them.
C) Martin cannot be held strictly liable as the sale of the car counts as a casual transaction.
D) The driver of the other car can be held strictly liable due to his or her involvement in the accident.
Q:
ʺUnfair or deceptive acts or practices in commerceʺ were prohibited by theA) Clayton Act.B) Clayton Act as amended by the Robinson -Patman Act. C) Federal Trade Commission Act.D) 1938 amendment to the Federal Trade Commission Act.
Q:
In reference to accounting for trusts or estates, which of the following statements is correct?A) Estates are subject to taxation, but trusts are not.B) Estates are subject to probate laws that vary widely across the fifty states.C) Estates are subject to income taxes at the federal level, but not at the state level.D) Estates and trusts are taxed regardless of size.
Q:
Allenby Spares, Inc. is a shop that sells spare automotive parts from various manufacturers. A customer buys a faulty brake manufactured by TurboDiezel, Inc. from Allenby Spares and is involved in an accident due to the use of the faulty brake in his vehicle. Which of the following is true in this situation?
A) Allenby Spares cannot be held strictly liable since the brake was manufactured by TurboDiezel.
B) TurboDiezel cannot be held strictly liable as the company is not the seller in this case.
C) Neither Allenby nor TurboDiezel can be held strictly liable for the faulty brake.
D) Allenby Spares can be held strictly liable for the faulty brake as it is part of the distribution chain.
Q:
Which of the following statements is true about strict liability?
A) It applies only to manufacturers of a defective product.
B) It is liability without fault.
C) It requires privity of contract between the plaintiff and the defendant.
D) It covers casual sales and transactions.
Q:
Henry is undergoing a surgery at Sacred Heart Hospital to insert an artificial pacemaker that will keep his heartbeat regular. The pacemaker is manufactured by Benford, Inc. In this case, Dr. DeBenedetto, the surgeon, is considered as the dominant element. In the event that the pacemaker fails to function as expected after the surgery, who would be strictly liable for its failure?
A) Benford, Inc.
B) Dr. DeBenedetto
C) Henry
D) Sacred Heart Hospital
Q:
________ is a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault.
A) Absolute liability
B) Contingent liability
C) Superior responsibility
D) Strict liability
Q:
A civil action lawsuit in which the original defendant sues the original plaintiff for damages is known as ________.
Q:
Which of the following phrases is frequently used to refer to estate or trust accounting?A) Non-profit accountingB) Testamentary accountingC) Fiduciary accountingD) All of the above phrases are used to refer to estate or trust accounting.
Q:
A market with one seller, considerable influence over price, high barriers to entry, a homogeneous product, and non -price competition to allow for price discrimination is known asA) perfect competition. B) monopolistic competition.C) oligopoly. D) monopoly.
Q:
________ is the making of false statements about a competitor's products, services, property, or business reputation.
Q:
A bystander who suffers severe emotional distress on witnessing a heinous crime can claim damages for intentional infliction of emotional distress.
Q:
Malicious prosecution is a tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct.
Q:
Disparagement refers to the liability of a professional who breaches his or her duty of ordinary care.
Q:
Jessica files a frivolous lawsuit against Thomas claiming emotional distress because he plucked flowers from her garden without her permission. The judge exonerates Thomas. Thomas can now sue Jessica for malicious prosecution.
Q:
Record the following transactions for Porter Hospital, a private, nonprofit hospital:1. Gross patient services revenues: $25,000,000. Billed to patients. 2. Included in the above revenues are: charity services, $500,000; contractual adjustments, $11,000,000; and estimated uncollectible amounts, $250,000. 3. Purchased equipment by issuing a 5-year note for $200,000. 4. Received cash donations restricted for a capital building addition program, $5,100,000. 5. Incurred and paid $1,700,000 of contractor billings for the capital building program.
Q:
Horizontal merger occurs whenA) two firms merge where one had sold its output to the other as an input.B) the merger moves the combined firm onto the horizontal portion of its long -run average cost curve.C) two firms merge where each is about the same size.D) two firms producing a similar product merge.
Q:
In a lawsuit for malicious prosecution, the original defendant sues the original plaintiff.
Q:
If a person did not have knowledge that his representation of facts was false, he is still liable for fraud.
Q:
Intentional misrepresentation occurs when a wrongdoer deceives another person out of money, property, or something else of value.
Q:
Disparagement is an untrue statement made by one person or business about the products, services, property, or reputation of another business.
Q:
Which of the following is an intentional tort?
A) breach of the duty of care
B) defect in product manufacture
C) disparagement
D) negligence
Q:
Match each of the following descriptions with the correct category for a private, not-for-profit hospital. Each term may be used more than once.Categories:A. RevenueB. Deduction from RevenueC. ExpenseD. Gains / Losses_____1. Courtesy allowances provided to hospital patients_____2. Premium fees_____3. Fees paid to the doctors_____4. Charges to patients for patient services_____5. Wages paid to nursing staff_____6. Contractual allowances arranged with third-party payors_____7. Cafeteria sales_____8. Wages paid to hospital janitors_____9. Depreciation expense on hospital equipment_____10.Other operating revenueunrestricted
Q:
In the long run, the monopolistically competitive firmʹs demand curve will
A) intersect the ATC at its minimum point.
B) intersect the ATC curve somewhere past the minimum point.
C) become tangent to the ATC curve at its minimum point.
D) become tangent to the ATC curve somewhere to the left of its minimum point.
Q:
One student actor wins a part in a play over another student actor. To get back at the winning student, the rejected student files a lawsuit against the winning student alleging intentional infliction of emotional distress, defamation, and negligence. The jury returns a verdict exonerating the defendant. The defendant is now entitled to sue the plaintiff for ________.
A) the tort of outrage
B) malicious prosecution
C) intentional misrepresentation
D) misappropriation of the right to publicity
Q:
Sending an objectionable telegram to a third party and signing another's name constitutes the tort of ________.
A) invasion of the right to privacy
B) defamation of character
C) battery
D) intentional misrepresentation
Q:
Which of the following instances depict the tort of outrage?
A) A farmer's crops are set on fire by an unidentified miscreant.
B) A gym teacher verbally abuses an overweight kid in every gym class and the kid suffers severe emotional distress.
C) A cosmetics company uses Julia Roberts' image without her consent to depict her as its brand ambassador.
D) A beverage-manufacturer claims that its competitor uses coffee beans of poor quality.
Q:
Making false statements about a competitor's products, services, property, or business reputation could make a company liable for ________.
A) intentional misrepresentation
B) the tort of appropriation
C) disparagement
D) the misappropriation of the right to publicity
Q:
________ is the liability of a professional who breaches his or her duty of ordinary care.
Q:
A doctrine under which damages are apportioned according to fault is known as ________.
Q:
A private, not-for-profit university received donations of $800,000 in 2011 that were restricted to capital improvements of the football stadium. The university spent $670,000 on capital improvements for the stadium in 2011 and recorded depreciation of $130,000.In 2011, an alumnus contributed a $1,500,000 endowment for football scholarships with all endowment income restricted for that purpose. Endowment income totaled $75,000 for the year and scholarship awards were $68,000.Required:Prepare the appropriate journal entries for the university for these transactions.
Q:
If a monopolist is producing at an output rate at which P = ATC, thenA) its economic profit will be zero. B) its economic profit will be positive.C) it is maximizing its profits. D) it is minimizing its losses.